Federal Court of Australia
Federal Court of Australia
VXQB v Child Support Registrar [2021] FCA 48 Appeal from: Application for extension of time: VXQB and Child Support Registrar [2020] AATA 697
File number: WAD 219 of 2020
Judgment of: COLVIN J
Date of judgment: 2 February 2021
Catchwords: FAMILY LAW AND CHILD WELFARE - application for extension of time to appeal from decision of the Administrative Appeals Tribunal second review - where AAT second review affirmed decision of AAT first review to set aside decision of objections officer to revoke care percentage determination - objection to competency of appeal by Child Support Registrar - whether in interests of justice to grant extension of time - whether merit demonstrated in applicant's contentions - whether draft notice of appeal states recognisable question of law - application dismissed - objection to competency upheld
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Child Support (Assessment) Act 1989 (Cth) ss 7B, 50, 54F Child Support (Registration and Collection) Act 1988 (Cth) ss 80A, 87, 89, 96A, 97C, 110V
Cases cited: 3D Scaffolding Pty Limited v Commissioner of Taxation [2009] FCAFC 75 Allan v Transurban City Link Ltd [2001] HCA 58; (2001) 208 CLR 167 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Brown v Repatriation Commission (1985) 7 FCR 302 BTR plc v Westinghouse Brake & Signal Co (Aust) Ltd (1992) 34 FCR 246 Child Support Registrar v MQMV [2019] FCA 1171 Federal Commissioner of Taxation v Brixius (1986) 16 FCR 359 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Jackamarra v Krakouer (1998) 195 CLR 516 Jamal v Secretary, Department of Social Services [2017] FCA 916 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Norbis v Norbis (1986) 161 CLR 513 Polec and Staker [2011] FMCAfam 959 Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49; (2001) 207 CLR 72 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 Tankey v Adams [2000] FCA 1089; (2000) 104 FCR 152 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18
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